Allowed

Aswin Sreeram v. State of Kerala

Kerala HC4 Apr 2024Crl.MC/3012/2023

Case brief

AI extract

What is this about?

Petitioners accused in a Section 498A IPC case sought quashing of the FIR and final report after settling matrimonial disputes through mediation, with Rs.10,00,000 paid to the defacto complainant. The High Court allowed the petition and quashed all proceedings.

What did the court decide?

Annexure A5 FIR, Annexure A6 Final Report and all further proceedings against petitioners in C.C.No.690/2022 quashed.

Aswin Sreeram Vs State of Kerala — Dowry and Cruelty | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

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THURSDAY, THE 4^TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946

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CRL.MC NO. 3012 OF 2023

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CRIME NO.215/2022 OF KAKKUR POLICE STATION, KOZHIKODE

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CC NO.690 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS

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-III,KOZHIKODE

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PETITIONERS/ACCUSED PERSONS:

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1 ASWIN SREERAM AGED 31 YEARS S/O DR. SREERAMA KUMAR R, 4A, SI GLENDALE POINT EAST, NEAR FATHIMA HOSPITAL, KOZHIKODE-673001 NOW RESIDING AT C/O SHIHAB K S KUMMAMKANDATH (H), KAZHIMBRAM P.O, VALAPPAD, PIN - 680567

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2 BINI K K AGED 49 YEARS W/O SUNIL, PRASANTH (H) PADAVANCHERI PARAMB, THIRUVANNUR (PO),

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PIN - 673029

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3 BINDHU AGED 52 YEARS W/O DR. SREERAMA KUMAR R, 4A, SI GLENDALE POINT EAST, NEAR FATHIMA HOSPITAL, KOZHIKODE, PIN - 673001

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4 THANKAMANI AGED 72 YEARS W/O SATHIACHANDRAN, PULLARAYIL PARAMBU, ODUMBRA, OLAVANNA P.O, PIN - 673019

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BY ADVS. JOHNSON JOSE PANJIKKARAN T.R.JERRY SEBASTIAN

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RESPONDENTS/STATE AND COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

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CRL.MC NO. 3012 OF 2023

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2 APARNA RAMESH D/O RAMESH BABU KEDARAM HOUSE, CHEEKILODE P.O, KOZHIKODE, PIN - 673315

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SRI.RENJITH GEORGE, SR. PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 3012 OF 2023

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O R D E R

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Dated this the 4^th day of April, 2024

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This criminal miscellaneous case has been filed under

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Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A5 FIR, Annexure A6 Final Report and all further proceedings against the petitioners in C.C.No.690/2022 on the files of the Judicial First Class Magistrate Court-III, Kozhikode, arose out of crime No.215/2022 of Kakkoor Police Station. Petitioners herein are accused in the above case.

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Heard the learned counsel for the petitioners, the learned counsel for the defacto complainant as well as the learned Public Prosecutor in detail. Perused the relevant documents.

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In this matter, offences punishable under Section 498A of IPC is involved and the complainant is none other

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than the wife of the 1^st petitioner.

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CRL.MC NO. 3012 OF 2023

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Annexure A7 is the mediation agreement entered

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into between the 1^st petitioner and the complainant and the matrimonial disputes have been settled amicably, as borne out from the terms of the agreement. Annexure A8 would go to show that Rs.10,00,000/- vide DD also given in the name of the complainant.

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Since the matrimonial disputes have been settled by mediation, the prayer for quashment of the criminal proceedings is essential in the interest of justice. Therefore, I am inclined to allow this petition.

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In the result, this petition stands allowed. Annexure A5 FIR, Annexure A6 Final Report and all further proceedings against the petitioners in C.C.No.690/2022 on the files of the Judicial First Class Magistrate Court-III, Kozhikode, arose out of crime No.215/2022 of Kakkoor police station, stand quashed.

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Sd/-

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A. BADHARUDEEN JUDGE

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nkr

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CRL.MC NO. 3012 OF 2023

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APPENDIX OF CRL.MC 3012/2023

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PETITIONER ANNEXURES

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ANNEXURE A1 CERTIFIED COPY OF COMPROMISE AGREEMENT DATED 11.8.2021 BETWEEN 1ST PETITIONER AND 2ND RESPONDENT ANNEXURE A2 TRUE COPY OF THE JUDGMENT IN OP 1147 OF 2021 BEFORE HON'BLE FAMILY COURT, KOZHIKODE DATED 29.4.2022 ANNEXURE A3 TRUE COPY OF OP 1605 OF 2022 BEFORE HON'BLE FAMILY COURT, THRISSUR ANNEXURE A4 TRUE COPY OF COMPLAINT GIVEN BY 2ND RESPONDENT DATED 18.7.2022 BEFORE KAKKOOR POLICE STATION ANNEXURE A5 CERTIFIED COPY OF FIR IN CRIME NO. 215/2022 OF KAKKOOR POLICE STATION ANNEXURE A6 CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 215/2022 OF KAKKOOR POLICE STATION ANNEXURE A7 CERTIFIED COPY OF MEDIATION AGREEMENT IN M.C NO. 60 OF 2022 OF THE JFCM COURT-III, KOZHIKODE DATED NIL ANNEXURE A8 TRUE COPY OF THE DEMAND DRAFT BEARING NO. 500160 DATED 15.01.2024 ANNEXURE A9 THE NOTARISED AFFIDAVIT OF THE 2ND RESPONDENT DEFACTO COMPLAINANT DATED 23.2.2024

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RESPONDENT ANNEXURES : NIL

Aswin Sreeram v. State of Kerala

Case brief

What is this about?

What did the court decide?

Aswin Sreeram v. State of Kerala

Case brief

What is this about?

What did the court decide?

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